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(영문) 전주지방법원 2016.06.07 2016고단176
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On February 1, 2016, the Defendant, without obtaining a driver's license of a motor vehicle on February 20:15, 2016, proceeded with a two-lane road in front of the width of the seat in the seat of Kim Jong-si, at the side of Kim Jong-si from the side of the city of Kim Jong-si, at a speed of about 50km in speed.

At the time of night, there was a flow of the front door door, and the location is an intersection where signal, etc. is installed, so the driver of the motor vehicle has a duty of care to reduce the speed and watch the front door well to prevent the accident by examining whether there is no vehicle waiting in accordance with the stop signals.

Nevertheless, the Defendant did not neglect this and did not discover the E-high speed car driven by the victim D (67 aged) who was waiting to the signal signal at the front direction of the Defendant's running, in accordance with the new code of stop at the front direction of the Defendant's driving, and received the front part of the above cargo vehicle with the top part of the above cargo vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as light finites, etc. requiring treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the injured party by stopping, even though the Defendant destroyed the above finite car to take repair costs equivalent to KRW 1,482,336, such as exchanging the finite car and then destroying it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. A traffic accident report (1) (2) (2) and on-site photographs of the traffic accident;

1. The driver's license ledger;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after traffic accident), and Article 152 subparag. 1 of the Road Traffic Act.

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